This article is by Kevin Johnson, Election Reformers Network:
Disregard for the judgments of courts is a sure sign that democracy is in trouble. Donald Trump’s machinations after the Nov. 3 election centered, fundamentally, on overturning the many court rulings rejecting his claims of fraud. Channeling fomented partisan anger, Trump and his allies sought to replace the verdict of the judiciary with populist resolutions in Congress and state legislatures.
Before our democracy is so tested by fire again, we must reinforce the primacy of the judiciary as the institution best positioned to judge contested elections. That requires pushing back on proposals to increase state legislatures’ role in such disputes and amending the federal Electoral Count Act to remove congressional discretion in the counting of presidential electoral votes.
Judicial supervision of contested elections has become the norm in most democracies around the world. An outlier in this area as in so many, the U.S. allows a considerable role for legislatures. The Constitution, for example, makes the House and Senate “the Judge of the Elections … of its own Members.” North Carolina provides for its Legislature to intervene in a contested presidential election to name electors if disputes are unresolved within 35 days of the vote. Georgia’s GOP has proposed similar ideas, and Arizona’s Legislature is considering a bill giving itself even greater control over contested presidential elections.
Read the full article here.
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